Chamber and committees

As noted in the Programme for Government, we intend to consult shortly on proposed reforms to the law relating to bail and release from custody. Public protection and victims’ safety are at the heart of our proposals for reform, which focus on reduce reoffending and associated victimisation.

In relation to bail, we will be consulting on proposals to refocus how remand is used, especially for those who pose little or no risk to public safety. With regards to release from custody, we intend to consult on reforms to support release arrangements, with a focus on enabling reintegration into the community.

The responses to this consultation will inform a year 1 bill.

The Scottish Government advises anyone who has experienced domestic abuse or sexual violence to report crimes committed against them, regardless of the impacts of Covid-19. Police Scotland remain committed to proactively target perpetrators and protect victims and their families from domestic abuse or further harm.

Domestic abuse cases continue to feature in the court programme as a key priority, with a view to mitigating the impact of the pandemic on timescales for these types of cases. £50m of Scottish Government Covid recovery funding was allocated this year and the recruitment and training of extra justice staff has enabled additional court capacity recently. This will support the process for reducing the backlog in criminal cases through the collaborative Recovery programme.

The Scottish Government meets regularly with Scottish Women’s Aid to discuss their concerns, and to outline the approach being taken to addressing the impact of the pandemic on all court cases. We understand the pandemic has extended waiting lists for support and have allocated £4.5 million split between Scottish Women’s Aid and Rape Crisis Scotland to address this issue.

The Cabinet Secretary for External Affairs wrote to Lord Frost on 10 September stressing the necessity of representation of Scottish stakeholders on the Domestic Advisory Group and Civil Society Forum, including the representation of remote communities, disadvantaged groups and all sectors of society and business. Prior to the Cabinet Office consultation closing, the Cabinet Secretary met with representatives of the third sector to discuss their participation in the groups and officials have encouraged stakeholders to respond to the consultation. Plans are in place for follow up discussions with stakeholders in the autumn to help ensure that they are adequately represented.

We recognise that there is very limited data on Islamophobia in Scotland and that this is essential to effectively tackle Islamophobia in Scotland.

In respect of anti-Muslim hate crime, in February 2020, the Scottish Government published a research report ‘A Study of the Characteristics of Police Recorded Hate Crime in Scotland’. This is the first time that such information has been publicised, and includes information on the type of prejudice shown. In around one-quarter (26%) of religiously-aggravated hate crimes recorded in 2018-19, the perpetrator showed prejudice towards the Muslim community.

Another study into the characteristics of hate crimes recorded in 2020-21 is ongoing and is currently planned to be published in 2022. The Hate Crime and Public Order (Scotland) Act 2021 includes provision to require disaggregated data on hate crime to be published annually and we are currently developing our approach in partnership with justice agencies. This will provide key information about the nature of hate crime in Scotland, including information about those involved. Such data will be essential to effectively tackle hate crime in Scotland and to inform future interventions in this area.

The Scottish Government is committed to tackling racial inequalities. Our recently-published Immediate Priorities Plan (IPP) sets out how we will work across government and beyond to tackle deep rooted inequalities, and implements the recommendations of the Expert Reference Group on Covid-19 and Ethnicity. The IPP captures work ongoing across government, including our Fair Work First approach; the development of a race equality toolkit for employers; a Workplace Equality Fund to support minority ethnic people into employment; an ethnicity pay strategy; and a £20 increase to the Scottish Child Payment. We recognise the need for our work to tackle poverty to reach minority ethnic families in particular. That is why they are one of six priority groups we want to focus on in our national mission to eradicate child poverty in Scotland. Health inequalities are being tackled through a concurrent focus on improving Covid-19 health outcomes and targeting diseases, such as diabetes, which are overrepresented in certain minority ethnic communities.

While it is up to individual social landlords to strike the best balance between rent levels and meeting the housing needs of local communities, rents for social rented homes should not be set without regard to the importance of affordability for tenants. The Scottish Government therefore considers the proposed rents for Registered Social Landlord social rented homes at the point of first let as part of the Affordable Housing Supply Programme grant assessment process

Applications from Registered Social Landlords for grant funding to deliver projects through the Affordable Housing Supply Programme at tender stage contain information on any projected rent levels at the date of completion which are more than 5% above the relevant social rent benchmark published by the Scottish Government.

Information on the number of tender applications which were approved which contained Registered Social Landlord projected rent levels at the point of completion which exceeded the relevant social rent benchmark by more than 5% began to be collected in 2018-19 as follows:

I refer the member to the answer to question S6W-03003 on 1 October 2021. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

We have awarded a grant of £0.5 million to Care and Repair Scotland to provide additional support in relation to the new standard for fire alarms in all Scottish homes. Care and Repair Scotland will provide a report on the use of the grant funding at the end of the current business year.

The Covid-19 pandemic has impacted our criminal justice system, and others throughout the world, in ways never seen before. Our priority was, and remains, to ensure that our system can operate as effectively as possible for everyone involved in it: victims, witnesses, accused and offenders, and for society as a whole

We have committed an additional £50 million to increase capacity across the justice system as we tackle backlogs built up while public health restrictions are in place. This includes recruitment of additional staff, greater use of digital tools and improved support for victims and witnesses. We continue to work with partners, including victims organisations, the Scottish courts and prosecution services, and the legal profession to identify the best way to deal with the backlog.

We have also taken action to ensure victims have been able to quickly access practical, emotional and financial support. This includes providing an additional £10.75 million since the start of the pandemic to frontline domestic abuse and rape crisis services and awarding £157,000 through the Victim Surcharge Fund to meet the immediate financial needs of the most vulnerable victims.

Furthermore, as part of the early release of a limited number of short-term prisoners in response to the pandemic, we ensured public protection was paramount through a ‘triple lock’ set of restrictions. These included the exclusion from the process of those in prison for the most serious crimes, including sexual offences.

We remain committed to delivering solutions which keep victims at the centre of our decision making, whilst balancing the rights of the accused to ensure a fair justice system for all.

As mentioned in the previous answer S6W-03311 on 8 October 2021, we are in contact with the Cabinet Office on this matter, and have emphasised to them the need to involve representative Scottish stakeholders. We will consult the other Devolved Administrations on their approach to these institutions once we have further details from the Cabinet Office on the consultation responses and of the process to be followed in determining membership of the Civil Society Forum and Domestic Advisory Group.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers